Version 9/19/2025

Request for Proposal (RFP)

Hazardous Materials and Waste Management Division Captain Jack Mill Superfund Site Operations and Maintenance

RFP # 2026000184

This solicitation contains instructions governing the proposal to be submitted and the material to be included therein, mandatory requirements, which must be met to be eligible for consideration; and other requirements to be met by each proposal.

I. BACKGROUND AND PURPOSE

A. Background The Captain Jack Mill Superfund Site is located near Ward, Colorado and is listed for remediation pursuant to the Comprehensive Environmental Response Compensation and Liability Act (Superfund). CJM encompasses two reclaimed capped and consolidated surface waste cells, a subsurface in-tunnel water treatment system, which includes a flow through bulkhead in the Big Five Adit, conveyance, transfer, recirculation, and remote dosing systems, and a planned future external passive treatment system. These remedy components were constructed to treat acid mine drainage and mining influenced water discharging from the Big Five Adit at the Captain Jack Mill Superfund Site and are referenced in the Captain Jack Record of Decision dated September 31, 2008.

B. Purpose The purpose of this RFP is to solicit responses from qualified Offerors to conduct site-wide operations and maintenance at the Captain Jack Mill Superfund Site. The Offeror shall implement site wide operations and maintenance activities across the entire CJM superfund site including reclaimed features, existing in-tunnel water treatment systems, and planned external passive systems.

C. SOLICITATION SCHEDULE OF ACTIVITIES:

Solicitation Activity Time Date

Solicitation Published on Colorado VSS System www.colorado.gov/vss and www.bidnetdirect.com//cdphe

3/20/2026

Mandatory pre-proposal meeting @ Captain Jack Mill Superfund Site, 93 California Gulch Rd, Jamestown, CO 80455

10:00

AM MDT

4/13/2026

Written Inquiry deadline. Submit all inquiries by e-mail to Allan Smith at allan.smith@state.co.us

2:00

PM MDT

4/17/2026

Answers to written inquiries published on VSS www.colorado.gov/vss and www.bidnetdirect.com//cdphe

2:00

PM MDT

4/21/2026

Bid submission deadline 2:00

PM MDT 5/5/2026

Evaluation Period Week of 5/11/2026

Estimated Contract Effective Date 6/1/2026 http://www.colorado.gov/vss http://www.bidnetdirect.com/cdphe

II. PROPOSAL TECHNICAL ASSISTANCE

A. INVITATION TO SUBMIT PROPOSALS:

Please be advised that the Colorado Vendor Self Service (VSS) and BidNet Direct (BidNet) websites are the official sites for all Solicitation information, including Addenda and Modifications.

Though not a requirement, Respondents are encouraged to become a member of VSS and BidNet Direct prior to the submission deadline. Solicitations for most Colorado State Agencies (Agencies), including CDPHE, are posted on VSS. The VSS Help Desk is available Monday through Friday, 8:00 a.m. to 5:00 p.m., local time, phone, 303-866- 6464 or email, VSSHelp@state.co.us.

Solicitation details posted on VSS by Agencies for goods, services, and construction are public and do not require registration to view. Should a company opt to register with VSS, it may elect to receive automatic notification in categories of interest.

Additionally, there is no cost to register on VSS. However, per Procurement Rule 24- 102-202.5-04, Respondents need not be registered with VSS in order to be deemed responsive to this RFP, however, an Offeror must have a current registration on VSS in order to be awarded under this solicitation.

In an effort to expand the potential pool of Respondents to this RFP thus providing the best value for the State, CDPHE is also posting this RFP on BidNet Direct at the link available in the Schedule of Activities or Exhibit A Submission Instructions.

Respondents do not need to register on BidNet or pay funds to access the solicitation.

An Offeror must have a current registration on VSS in order to be awarded under this solicitation; however, vendors do not need to be registered to view the solicitation documents. There is no cost to register on Colorado VSS. To become a registered supplier on VSS, please visit colorado.gov/vss.

B. SOLE POINT OF CONTACT

The Procurement Contact for this solicitation is:

Allan Smith Purchasing Unit Supervisor

Email: allan.smith@state.co.us

The individual listed above is the sole point of contact for this solicitation. Initiating contact with anyone other than this individual may result in Offeror disqualification.

D. SUBMISSION INSTRUCTIONS:

For this solicitation, vendors can submit responses either electronically via BidNet or by hard copy.

mailto:VSSHelp@state.co.us

Refer to Exhibit A Submission Instructions.

E. PRE-PROPOSAL MEETING IN PERSON

1. A Mandatory Pre-Proposal Meeting will be held on April 13, 2026, at 10:00am at

Captain Jack Mill Superfund Site, 93 California Gulch Rd, Jamestown, CO 80455, Colorado. All Offerors are required to have a representative at this meeting. There will be a mandatory sign-in sheet. The meeting will have representatives from the program in attendance who will give a presentation of the project and answer questions.

2. Prospective bidders that fail to attend this meeting will have their bid rejected without review.

F. INQUIRIES:

1. Offerors may submit written inquiries via email concerning this solicitation to obtain clarifications. The State may not accept inquiries after the date and time indicated in the Schedule of Activities. Send all inquiries to the Procurement Contact identified in Section III. B. above. Inquiries must be clearly marked with the RFP number and title. Where appropriate, inquiries should include references to any relevant Section/paragraph of the solicitation.

2. Responses to Offerors inquiries will be published collectively, as a modification on Colorado VSS and BidNet. Offerors shall not rely on any verbal statements that alter any specification or other term or condition of the solicitation. Such changes are valid only if provided in writing by the Procurement Contact.

IV. PROJECT BUDGET, TIMELINE AND DESCRIPTION OF SERVICES

A. Budget The CDPHE annual budget for this project is approximately $1,800,000.00 per year. The total budget for the five-year period is not expected to exceed $9,000,000.0 unless additional funding becomes available. At the sole discretion of the State, CDPHE may modify the budget, depending upon funding availability and proposer performance.

The funding streams for this project are an award to the state from the Environmental Protection Agency and the state’s HSRF. The EPA award covers 90% of the project funding and the Colorado HSRF covers the state’s 10% cost share.

The Offeror awarded the contract will be required to follow all federal terms and conditions, (Exhibit H) as well as state terms and conditions (Exhibit B).

B. Project Timeline The anticipated start date for the executed contract is Approximately 6/1/2026 with the initial contract period of 6/1/2026 to 5/31/2027 At the sole discretion of the State, and depending upon funding and Offeror performance, CDPHE may renew the agreement for up to four (4) additional one (1) year periods, not to exceed five (5) year’s total. At the sole discretion of the State, the CDPHE may modify the dates of the contract.

C. Description of Services The permanent remedy components at CJM were constructed to treat acid mine drainage and mining influenced water discharging from the Big Five Adit at the Captain Jack Mill Superfund site. These permanent remedy components include a subsurface in-tunnel water treatment system, which includes a flow through bulkhead in the Big Five Adit, conveyance, transfer, recirculation, remote dosing systems, and settling ponds. A planned future external passive treatment system which is currently under design with HDR.

The intent of the in-tunnel treatment system is to submerge (to the extent safely practicable) source materials in order to minimize contact with oxygen and neutralize impounded mine-pool water in order to treat continuing long term acid generating water inflows. A flow control concrete bulkhead was constructed in the Big Five Adit to create the mine pool. In-tunnel treatment of the mine pool consists of addition of neutralizing agent and carbon sources to promote biological activity to reduce metals concentrations in the mine pool. Dosing of carbon sources to the mine pool occurs primarily via the remote dosing system at the NiWot 2 borehole, however dosing has also occurred at various locations via shafts, wells, and boreholes at the Site.

Currently water discharges from the in-tunnel treatment system via the flow through bulkhead in the Big Five Adit. The in-tunnel treated water flows into an interim active water treatment plant which consists of lime addition and aeration.

Treated water from the interim water treatment plant discharges at approximately 30 gpm the majority of the year and at 50-65 gpm during spring runoff. During very high flow seasons the discharge from the WTP reached 90 gpm in 2022. The interim active water treatment plant discharges to the upper settling pond. From the upper settling pond water flows through a corrugated pipe to the lower settling pond before discharging to a low-lying area, ultimately flowing to Left Hand Creek.

The current active water treatment plant located at the site is not owned by CDPHE. Thus, the Offeror awarded the contract will need to mobilize and operate a temporary small scale active water treatment plant until all final remedy components are constructed and deemed operational and functional in order to prevent discharges to Left Hand Creek that are above surface water standards.

The design of the future passive treatment system commenced in 2023 and is ongoing. HDR is the current contractor for the design of the passive treatment system. The Offeror awarded the CJM site wide operations contract will need to work with HDR to ensure site-wide functionality.

The Captain Jack Mill Superfund Site is in the upper reaches of Left Hand Creek approximately 1.5 miles south of the town of Ward located in Boulder County, Colorado.

Work and operations conducted at the Captain Jack Mill superfund site are year-round. Due to the high elevation and mountain location of the site field work is concentrated during the field season of March to November, however site wide operations continue throughout the winter.

1. The Offeror shall assist CDPHE by:

a. Implementing the mine pool and surface water monitoring network

b. Collecting and evaluating environmental data

c. Providing technical support to evaluate environmental remedies applied to CJM.

d. Providing CDPHE with data to evaluate implemented remedies and to evaluate the effectiveness of day-to-day operations, and long-term effectiveness of the remedy.

e. Providing support on CERCLA administrative tasks such as:

i. record of decision amendments

ii. technical impracticability waivers, etc. if needed.

2. The Offeror shall implement all other site-wide operations and maintenance activities. Examples of these activities include:

a. maintaining structures

b. off-site facilities

c. seasonal maintenance of site roads

d. maintenance of reclaimed features

e. conducting repairs to all O&M features

f. routine maintenance and clean out of runoff and run-on control ditches, etc.

3. Areas of expertise that may be called upon include:

a. certified industrial water treatment operators

b. equipment maintenance personnel

c. chemist

d. sampling technician

e. mechanic

f. equipment operator

g. secretary

h. janitor

i. instrumentation and controls specialist

4. The Offeror shall operate and maintain the site in a safe, effective and cost-efficient manner, and will develop and implement the necessary plans and procedures.

5. The Offeror shall complete the following activities:

a. Create site specific work plans.

b. Manage environmental data.

c. Operate the (permanent) in-tunnel water treatment system and associated site features.

d. Optimize the (permanent) in-tunnel water treatment system and associated site features.

e. Mobilize and operate a temporary active water treatment plant.

f. Maintain the site.

g. Provide technical support.

h. Perform transition services to transfer operations of the Captain

Jack Mill Superfund Site.

(See Exhibit C, Draft Statement of work for more details on each activity)

D. Draft Statement of Work Exhibit C This Draft Statement of Work describes the deliverables sought through this RFP and the scope of what the awarded Offeror will be expected to offer through the contract resulting from this RFP. The Draft Statement of Work is intended to provide interested Offerors with sufficient basic information to submit a proposal. It is not intended to limit a proposal’s content or exclude any relevant or essential data. The Draft Statement of Work is a “draft”. The State reserves the right to incorporate changes based on proposals submitted by the Offerors and other factors.

V. OFFEROR REQUIREMENTS

A. Accessibility requirements

All work performed as a result of this solicitation must comply with all applicable provisions of §§24-85-101, et seq., C.R.S., and the Accessibility Standards for Individuals with a Disability, as established by the Office Of Information Technology pursuant to Section §24-85-103 (2.5), C.R.S. and 3) all State of Colorado technology standards related to technology accessibility and with Level AA of the most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology standards.

B. Mandatory Requirements

To be considered for this solicitation the Offeror shall meet the following qualifications.

1. Offeror shall be registered and in good standing with the Colorado Secretary of state Office.

2. Offerors lead operator must hold, at a minimum, a Colorado Class B Industrial

Wastewater Treatment Certification.

3. Continuously maintained a Colorado office for the last five years; or demonstrated implementation of two projects in the state of Colorado within the last five years providing goods and services.

4. During those five years, the Offeror shall have operated and maintained at least one facility of similar size and complexity.

5. The proposed lead operator having at least one year of experience as the operator in responsible charge of a facility of similar size and complexity during the last three years.

6. Conducted work under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Clean Water Act (CWA) and

State of Colorado Agencies such as: Hazardous Materials and Waste Management Division, Water Quality Control Division/Commission, or State Engineers Office.

C. Experience and Qualifications

1. The Offeror must have personnel, organization, and administrative control necessary to ensure that the services performed meet the requirements and successfully complete the activities in the Statement of work (Exhibit C) and the requirements of this RFP.

a. Personnel assigned to this project must have experience:

i. facility management

ii. operations

iii. preventative and corrective maintenance

iv. planning and scheduling

v. tracking and staging supplies

vi. creating and maintaining process documents and reports

2. Offeror shall have completed a minimum of two (2) projects of similar size and scope within the past 5 years.

3. Offeror shall possess a minimum of five (5) years’ experience developing and implementing maintenance and sampling programs.

4. Offeror have a minimum of five (5) years of experience with health and safety training.

5. Offeror shall have past experience writing and submitting CERCLA related documents.

VI. SUBMITTAL REQUIREMENTS

Responses shall be submitted as specified in this section. Any confidential or proprietary information included in the Offerors proposal shall conform to the requirements listed in Administrative Section IX. B. 7. NOTE: Proposals that fail to follow ALL of the requirements may not be considered.

A. Submission Instructions Unnecessarily elaborate proposals are not desired.

1. Proposals submitted either in hard copy or electronically will be accepted.

Refer to Exhibit A for Submission Instructions.

EMAILED PROPOSALS WILL NOT BE ACCEPTED

2. Proposals must be received on or before the due date and time as indicated in the Schedule of Activities. Late proposals will not be accepted.

3. All materials submitted shall become the property of CDPHE and will not be returned unless the solicitation is cancelled prior to the submittal due date, in which case proposals will be returned unopened or opened only for identification purposes.

B. Required Documentation Maximum page count for proposals is 50 pages and does not include required attachments or resumes.

All proposals must include the following:

1. RFP Signature Page/Confirmation of Offer Form (Attachment 1)

A completed and signed form must be submitted with the response. MUST be completed and signed in ink or via digital signature by a person who is legally authorized to bind the Offeror to the proposal.

2. Mandatory Requirements

Offeror shall include a narrative indicative of how your firm meets the qualifications in section V. B. above. Include a certificate of good standing with the Colorado Secretary of State, and Colorado Class B Industrial Wastewater Treatment Certification for the proposed lead operator.

3. Executive Summary (8 pages max)

a. Offeror shall submit an organizational overview that includes a brief overview of staff, including the total number of employees. Total years in business including the number of years that a Colorado office has been maintained and the address of the office.

b. Offeror shall describe the work performed by the Colorado office over the last two years at sites similar in nature to the CJM.

c. Offeror shall list all ongoing operation and maintenance projects in which the proposed personnel are currently involved.

i. Provide the name and telephone number of the owner and the owner’s representative for the ongoing projects.

d. Offeror shall list any penalties, contractual or regulatory, which the company has paid in the last five (5) years and list any instances where the company had a contract that was terminated for default (cause) within the last five (5) years.

i. Include a brief explanation of the circumstances surrounding these instances

4. Experience and Qualifications Proposals shall list relevant work experience and qualifications relating to the work described in this RFP. Specifically, each proposal shall address and provide each of the following:

a. Provide information on the key personnel who are proposed for this project including the Project Manager, the Certified Industrial Treatment Plant Operator, and the Principal Health and Safety Officer.

i. Personnel assigned to or utilized by the consultant in the performance of the contract shall, as a minimum, meet the experience, education, or other background requirements set forth in the SOW, and shall be fully capable of performing in an efficient, reliable, and professional manner

ii. The State will review resumes of the Offeror’s key personnel proposed to be assigned

a) If key personnel are not currently in employment of the Offeror (contingency hire), a signed written agreement from the potential employee to work will be part of the proposal.

b. The Offeror’s shall provide personnel resumes that shall identify:

i. specific skills

ii. experience of professional qualifications

iii. licenses and certificates,

iv. both practical and academic knowledge for key personnel

v. The work history of each Offeror’s employees or contingent hires shall contain experience directly related to the SOW tasks and functions to be assigned.

vi. Only the resumes of key personnel will be used for evaluation purposes.

Each resume is limited to three (3) single-sided pages and must be signed by all employees as well as contain letters of commitment to work from contingent hires.

c. Describe at least two projects of similar scope and complexity where the Offeror has operated and maintained treatment facilities within the last five years.

vii. Include the name, address and current telephone number of the facility owner for whom the work was performed.

viii. Include the annual operating cost of the facilities and the original and final contract amount for each project submitted.

Explain any variance between these amounts.

ix. Include the dates of the Offeror’s operation and maintenance of the facilities.

x. Describe the process utilized by the facilities including treatment capacity and building systems.

xi. Describe services provided and the scope of the Offerors responsibilities.

d. Describe company’s experience with developing and implementing maintenance and sampling programs.

i. Describe the Offerors experience with performing routine and critical maintenance.

ii. Explain what types of maintenance are performed in-house and what types are performed by subcontract.

e. Describe Offerors experience collecting and performing, operations, environmental and compliance sampling.

i. Describe what sampling is critical in maintaining the process in terms of parameters and frequency.

f. Describe any training courses in environmental health and safety for hazardous waste site operations or hazardous materials completed by proposed key personnel and other staff.

i. Indicate whether employees are trained pursuant to OSHA regulation 29 CFR 1910.120.

g. Describe the company’s experience with health and safety programs.

i. Discuss the company’s specific health and safety responsibilities on other projects.

ii. Discuss experience developing health and safety plans, if any.

iii. indicate whether the company or personnel have experience with CERCLA sites.

5. CERCLA Documents Offeror shall evidence of experience with writing and submitting CERCLA related documents.

6. Facility Maintenance and Operations Plan x) The Offeror shall submit a proposed staffing and facility operating plan or strategy that describes your proposal to operate and maintain the site and meet the requirements of the Scope of Work.

a. Discuss the performance of emergency services and the anticipated project administration and management functions.

b. Indicate the personnel or positions that would have a significant role in operation and maintenance of the Facility.

i. Specifically discuss the organization of the firm and staff roles for this project.

ii. Include the anticipated level of effort.

7. Subcontracting

a. The Offeror shall describe all anticipated use of subcontractors and suppliers.

i. include a listing of any known firms and tasks to be subcontracted.

ii. If proposing to use subcontractors, provide at least one reference for each subcontractor.

8. Budget

Offeror shall complete Attachment 2 Cost Sheets, to detail proposed costs and submit this form with the proposal.

VII. EVALUATION AND AWARD

A comprehensive, thorough, complete and impartial evaluation of each proposal received will be conducted in accordance with §24-103-203(7), C.R.S, which states, “The award shall be made to the responsible Offeror whose proposal is determined in writing to be the most advantageous to the state, taking into consideration the price and evaluation factors set forth in the request for proposal.”

The objective of the Evaluation Committee is to conduct reviews of the proposals that have been submitted, to hold frank and detailed discussions among themselves, and to recommend an Offeror for award. Numerical rating systems may be used. Factors not specified in the request for proposals shall not be considered. Offerors should submit their most favorable response as the initial response and not assume there will be an opportunity for discussions. All proposals will receive fair and equal treatment.

While a numerical evaluation method may be used as an aid to evaluation, the selection ultimately is a business judgment that will reflect an integrated assessment of the relative merits of proposals, using the factors identified below. The State reserves the right to reject any (or all) proposals that pose, in the judgment of the State, unacceptable risks of unsuccessful or untimely performance, unacceptable State resources requirements, or costs exceeding the budget constraints. The State may use all information available regarding past performance as defined in C.R.S. §24-102-205 et.seq.

A. Award: Award will be made to a single Offeror. The proposal that results in the best value to the State of Colorado shall be recommended by the Evaluation Committee to the Procurement Office for contract award. CDPHE reserves the right to award to multiple vendors if determined to be in the best interests of the State.

B. Single Proposal: If only one bid or proposal is received in response to a solicitation, an award may be made to the single bidder or Offeror if the procurement official finds that the price submitted is fair and reasonable and that other prospective bidders or Offerors had reasonable opportunity to respond.

Reference Procurement Rule R- 24-103-201-02(d).

C. Evaluation Factors:

The evaluation factors are:

1. Attachment 1 Vendor Information-Confirmation of Offer Form:

Attachment 1 is required but will not be rated.

2. Mandatory Requirements:

Mandatory requirements will be evaluated based on the amount of skill demonstrated in the narrative submittal.

3. Executive Summary:

The executive summary will be evaluated on how well the summary indicates the stability and strength, and overall experience of the staff and of the company.

4. Experience and Qualifications:

The experience and qualifications will be evaluated based on the breadth and depth of similar experience,

5. Facility Maintenance and Operations Plan

The facility maintenance and operations plan will be evaluated based on

6. Cost:

The cost will be evaluated based on whether the price sheet costs are reasonable considering the scope of work activities.

7. References References, if contacted, will be used to verify projects, and may or may not be contacted.

8. Demonstrations and Discussions

At the conclusion of the evaluation of responses, the evaluation committee may, if it deems necessary, request clarifications, conduct discussions or oral presentations, or request best and final offers. Per R-24-103-203-03, discussions may be held with responsible Offerors whose proposals are determined to be reasonably susceptible to be selected for award to:

a. Promote understanding of the state’s requirements and the Offerors proposals; and

b. Facilitate a contract that will be most advantageous to the state taking into consideration price and the other evaluation factors set forth in the request for proposals.

The evaluation committee may adjust its scoring based on the results of such activities. If demonstrations and discussions are scored separately, those scores will be combined with the proposal scores for final determination.

However, proposals may be reviewed and determinations made without such activities. Offerors should be aware that the opportunity for further explanation might not exist; therefore, Offerors should ensure that their submission is complete, and are encouraged to submit their best possible proposal, including pricing.

Failure to provide any information requested in the RFP may result in the disqualification of the submission. This responsibility is that of the Offeror.

VIII. ATTACHMENTS, EXHIBITS AND LINKS

A. Attachments

1. Attachment 1: Vendor Information-Confirmation of Offer Form.

2. Attachment 2 Cost Sheets

B. Exhibits

1. Exhibit A Submission Instructions

2. Exhibit B State of Colorado Contract Template

3. Exhibit C Draft Statement of Work

4. Exhibit D Discharge Goals

5. Exhibit E Water Elevation Profile Figure

6. Exhibit F Environmental Monitoring Locations Figure

7. Exhibit G Monitoring Locations and Seep Coordinates

8. Exhibit H Contract Federal Provisions

C. Links

Interested Offerors can access the state's electronic records for the Captain Jack Mill Superfund Site here:

https://oitco.hylandcloud.com/CDPHERMPublicAccess/index.html

Once you are on the Environmental Records Search Website, under the Search Type Dropdown select CDPHERM HAZ Search by Site Name. Under the CDPHERM Site line type *Captain Jack Mill*.

This will navigate you to all of CDPHE's online records for the Captain Jack Mill Site.

IX. ADMINISTRATIVE INFORMATION

A. GENERAL INFORMATION

1. Documents After Award

Prior to Contract execution, the awarded Offeror must provide the State with Proof of Good Standing with the Colorado Secretary of State and an insurance certificate documenting coverage according to the Model Contract found as an attachment to this solicitation. Offerors do not need to submit these documents unless they are awarded this solicitation.

2. Incurring Costs

Offerors are solely responsible for all costs incurred as a result of responding to this solicitation, which may include, but is not limited to, meetings, presentations, or negotiations.

3. Confidentiality of Solicitation Process

a. Following the proposal submission deadline, individuals/entities may request from the Procurement Contact a list of the names of the responding Offerors. All other information related to the solicitation process will remain confidential until award.

b. Following the Notice of Intent to Award, all Offeror proposals will be open to public inspection with the exception of information determined by the State to be a trade secret or confidential or proprietary. Reference §24-72-

200.1 et seq., C.R.S., as amended, Colorado Open Records Act.

4. Solicitation cancellation and/or Rejection of Offeror Proposals

a. In accordance with §24-103-301, C.R.S., and the related Procurement Rules, the State may cancel this solicitation, or any and all proposals may be rejected in whole or in part, without penalty, at any time before a Contract is executed, when it is in the best interest of the State. The reason and documentation supporting the decision to cancel the solicitation https://urldefense.com/v3/__https:/oitco.hylandcloud.com/CDPHERMPublicAccess/index.html__;!!PUG2raq7KiCZwBk!YPFL8FWrlqUrKPiqvrMRjSgcVFI9bPlT3USDy4ihrFSZwGY-Qthjvzt_6oLpf4qGrHdbOjZG18iXLzeu4i4YEdElsQ$ or reject proposal(s) shall remain confidential for the lesser of six months or until a Contract(s) is awarded by the State. Reference Procurement Rule R-24-101-401-05.

b. If the solicitation is cancelled after, proposals are received, the proposals that have been opened shall be retained in the procurement record, or if unopened, they will be disposed of, or returned to the Offerors upon request, at the Offerors expense.

5. News Releases and Announcements

Offerors shall not issue any news releases, communications or announcements of any kind pertaining to this solicitation, without prior written approval by the State.

6. Protested Solicitations and Award

An aggrieved party may file a protest concerning a material issue(s), at any phase of solicitation, including but not limited to, specifications, award or a disclosure of information marked confidential in the proposal. The protest shall be submitted to the CDPHE Official within ten (10) business days after such aggrieved person knows, or should have known, of the facts giving rise thereto. Reference §24-109- 102, C.R.S., as amended, and Procurement Rule R-24-109-102-01, et seq. Protests should be submitted in writing via email to Chelsea Gilbertson, Procurement Official at Ichelsea.gilbertson@state.co.us.

B. OFFEROR PROPOSAL INFORMATION

1. Proposal Submission Deadline

See the Schedule of Activities within the main body of this RFP.

2. General Information for the Proposal Response

a. Offerors are encouraged to review the solicitation and any related appendices and attachments in their entirety to assure understanding of and compliance with the requirements that may be included in these documents.

b. A proposal should be thorough, but not exhaustive, and it should address the requirements set forth in this solicitation and should provide sufficient details to allow the Evaluation Committee to determine whether the proposal demonstrates an understanding of the State’s requirements and contracting terms and conditions; the ability to meet the State’s needs, including the experience and resources necessary to carry out the work;

and costs that are reasonable and consistent with the industry.

c. The Offerors proposal and all attachments shall Comply with the standards of Section 508 of the Rehabilitation Act of 1973, (29 USC § 794). The Offeror may not have an opportunity to re-draft their proposal and attachments to make them accessible to persons with vision impairments after the proposal submission deadline and in the event that the Department has evaluator(s) serving on an Evaluation Committee requiring accessibility, the Department may disqualify an Offerors proposal from evaluation.

3. Timeliness of Proposal Submission

a. Proposals received after the submission deadline shall not be opened and shall be rejected as a late proposal, unless otherwise permitted by the Procurement Official in accordance with Procurement Rule R-24-103-201- 10.

b. Responsibility for ensuring that an Offerors proposal is received on time rests with the Offeror. Reasonably foreseeable problems inherent in the delivery of proposal are not extraordinary circumstances permitting acceptance of late proposals.

4. Legally Binding Offer

a. An Offerors proposal submitted in response to this solicitation shall constitute a binding offer. The signature of the Offeror shall indicate acknowledgment of this condition. Signature shall be that of a person legally authorized to execute contractual obligations. The proposal, including pricing, shall allow for a minimum of 180 calendar days for acceptance by the State, unless otherwise specified in this solicitation.

Reference Procurement Rule R- 24-103-201-11(d).

5. Offeror Proposal Content

a. The contents of the proposal of the awarded Offeror will become contractual obligations under the awarded Contract. Failure of the awarded Offeror to accept these obligations may result in cancellation of the award to that Offeror.

6. Certification of independent price determination

By its signature on the cover page, the Offeror certifies that the prices and other terms in the proposal have been arrived at independently without any consultation, communication, agreement with, or knowledge of the contents of the proposal by any other competing Offerors. For purposes of this paragraph, "consultation, communication, agreement with, or knowledge" does not include knowledge of prices or terms gained through availability of established price lists or catalogues made available to the public by the competing Offerors. No attempt has been made or will be made by the Offeror to induce any other person or firm to submit or not to submit a proposal for restricting competition.

Reference §6-4-101, C.R.S., et seq., (Colorado Antitrust Act of 1992) as amended.

7. Submission of Confidential or Proprietary Information

a. The State of Colorado is subject to the requirements of §24-72-200.1, C.R.S., et seq., Colorado Open Records Act.

b. An Offeror may submit, as a part of its proposal, a written request for classification of certain portions of the proposal as a trade secret or other confidential or proprietary information. Material for which the Offeror is requesting confidentiality shall be readily identifiable and separated from other portions of the proposal to facilitate public inspection of the non-confidential portion of the proposal. Commingling of confidential and non-confidential information is not acceptable. Neither price information nor any information that will be included in a resulting Contract will be considered confidential.

c. The Offeror must include the rationale for any request to classify portions as a trade secret or confidential or proprietary, including references to the authority that allows for such treatment.

d. In no event shall an entire proposal be classified as confidential. The Procurement Official or his or her designee shall determine if the information identified in the Offerors request is exempt from disclosure in accordance with §24-72-204, C.R.S., and shall inform the Offeror in writing of his or her determination. If the Offeror does not agree with the determination, the Offeror may protest the determination in accordance with article 109 of the Colorado Procurement Code and the terms of this solicitation. Reference Procurement Rule R-24-101-401-03.

e. Any additional Offeror information, which may be part of the evaluation/negotiation process and for which an Offeror claims confidentiality, is subject to the same requirements and processes identified above.

8. Modifications or Withdrawal of Proposals

An Offeror may modify or withdraw its proposal by written notice to the Procurement Contact prior to the established proposal submission deadline.

Withdrawal of an Offerors proposal following the proposal submission deadline and prior to award, may be allowed, in the State’s discretion. Withdrawal of an Offerors proposal after award is not allowed. Reference Procurement Rules R-24- 103-201-08 and R-24-103-201-09.

9. Mistakes and Minor Informalities in Offeror Proposals

In certain circumstances, an Offeror may correct a mistake(s) in its proposal and/or the State may waive minor informalities. Reference Procurement Rule R- 24-103-201-08.

10. Modifications to State Contract

a. A draft Contract is included in Exhibit B of this solicitation.

b. Offerors are instructed to review the attached draft Contract and submit any proposed modifications or redlines with their proposal. The decision to reject, accept, or further negotiate any requested changes will be at State’s discretion. If an Offeror normally seeks counsel on Contract terms, they are advised to do so before submitting a proposal in response to this solicitation.

c. In the event an Offerors requested modifications violate State law, regulation, or policy, or would otherwise not be justifiable as being in the best interest of the State, the State may decide that an Offerors proposal is no longer responsive and therefore ineligible for award.

11. Conflicts of Interest and Ethics

a. The Offeror must disclose in its proposal any potential or actual conflict of interest in connection with a response to this solicitation. A conflict of interest may include, but is not limited to, access to any non-public information by the Offeror regarding the solicitation or its subject matter.

b. The Offeror acknowledges that even the appearance of a conflict of interest may be harmful to the State’s interests. The Offeror shall disclose in its proposal whether there currently is, or potentially could be, the appearance of a conflict of interest regarding this solicitation, its staff, any proposed subcontractors or partners, or any related business with the State.

c. Requirements set forth in this Section are continuing requirements throughout the solicitation process and, for the awarded Offeror, the Contract term, including any extensions. Reference §24-18-201, C.R.S., et seq. (Proscribed Acts Related to Contracts and Claims); §24-50-507, C.R.S.(Conflict of Interest); §18-8-301, C.R.S., et seq. (Bribery and Corrupt Influence); §18-8-401, C.R.S., et seq. (Abuse of Public Office); §6-4-101, C.R.S., et seq., (Colorado Antitrust Act of 1992); §24-109-105, C.R.S .(Debarment and Suspension); and Procurement Rule R-24-101-107-01 (Ethics).

12. Service Disabled Veteran Owned Small Businesses (SDVOSB).

SDVOSB Offerors must submit documentation of certification issued through the U.S. Small Business Administration in their proposal. §24-103-905 C.R.S. sets a SDVOSB goal of at least 3% of all contracts by dollar value be awarded to SDVOSBs who must be incorporated or organized in Colorado, or they must maintain a place of business or have an office in Colorado and must be officially registered and verified as a SDVOSB by the United States Small Business Administration.

13. Performance Outside of Colorado or the United States

Awarded Offeror, per Section 24-102-206, C.R.S., prior to contracting shall disclose in a written statement whether it anticipates performing or subcontracting any services under the contract, where such subcontracted services will be performed under the contract, including any subcontracts, and whether any subcontracted services under the contract or any subcontracts are anticipated to be performed outside the United States or the state. If the prospective vendor anticipates services under the contract or any subcontracts will be performed outside the United States or the state, the vendor shall provide in its written statement a provision setting forth why it is necessary or advantageous to go outside the United States or the state to perform the contract or any subcontracts.

14. Vendor Assistance

Any vendors needing support responding to solicitations may contact the Colorado Supplier Diversity Navigator at the Statewide Equity Office of Supplier Diversity. Services provided include assistance with responding to solicitations, https://urldefense.proofpoint.com/v2/url?u=https-3A__dhr.colorado.gov_statewide-2Dequity-2Doffice_supplier-2Ddiversity&d=DwMFaQ&c=sdnEM9SRGFuMt5z5w3AhsPNahmNicq64TgF1JwNR0cs&r=2K9kkYDPzg9W7wrnb9URPPzWuzXzmzc6oQUqmP_d9mA&m=UsSCoCc_Nnj_It7iTj2w9Xh-U0kW8zKwh7sIdTrgvW_OXQDDQG8CMBmOZsCmKo6l&s=AHk9LQL8xQKwtYW6AlMhIpKhc64M4gHnBm1wvGiKqhU&e= https://urldefense.proofpoint.com/v2/url?u=https-3A__dhr.colorado.gov_statewide-2Dequity-2Doffice_supplier-2Ddiversity&d=DwMFaQ&c=sdnEM9SRGFuMt5z5w3AhsPNahmNicq64TgF1JwNR0cs&r=2K9kkYDPzg9W7wrnb9URPPzWuzXzmzc6oQUqmP_d9mA&m=UsSCoCc_Nnj_It7iTj2w9Xh-U0kW8zKwh7sIdTrgvW_OXQDDQG8CMBmOZsCmKo6l&s=AHk9LQL8xQKwtYW6AlMhIpKhc64M4gHnBm1wvGiKqhU&e= interpretation of solicitation documents, technical assistance referrals, availability of resources, construction bond assistance through the Construction Statewide Bond Assistance Program, and free business directory listings and verifications through the Colorado Supplier Diversity Directory. The office can be reached during normal business hours by calling 303-866-5765 or emailing DPA_SupplierDiversityHelp@state.co.us.

https://urldefense.proofpoint.com/v2/url?u=https-3A__dhr.colorado.gov_supplier-2Ddiversity_construction-2Dand-2Dbond-2Dassistance&d=DwMFaQ&c=sdnEM9SRGFuMt5z5w3AhsPNahmNicq64TgF1JwNR0cs&r=2K9kkYDPzg9W7wrnb9URPPzWuzXzmzc6oQUqmP_d9mA&m=UsSCoCc_Nnj_It7iTj2w9Xh-U0kW8zKwh7sIdTrgvW_OXQDDQG8CMBmOZsCmKo6l&s=zAjgTZu5BkDViYCi42ZSaaEFbnZ4EzaMtQulSrBPsw8&e= https://urldefense.proofpoint.com/v2/url?u=https-3A__dhr.colorado.gov_supplier-2Ddiversity_colorado-2Dsupplier-2Ddiversity-2Ddirectory&d=DwMFaQ&c=sdnEM9SRGFuMt5z5w3AhsPNahmNicq64TgF1JwNR0cs&r=2K9kkYDPzg9W7wrnb9URPPzWuzXzmzc6oQUqmP_d9mA&m=lJCgtcQ4bpjUYTb-DL2vTiTtjs5tP9GdjxCxohJukG4cRYarpnnyVjmEkozBFRPl&s=nq-3ZxXvzK0CyjE_Sukw4DfkzHfxneqrfzbnzxsO-hw&e= mailto:DPA_SupplierDiversityHelp@state.co.us